AB133-SSA1, s. 2521n 13Section 2521n. 281.65 (4c) (a) of the statutes is amended to read:
AB133-SSA1,1258,1914 281.65 (4c) (a) Beginning on July 1, 1998, a A governmental unit may request
15funding under this subsection for a project that is in a priority watershed project, a
16or priority lake project area or a nonpoint source water pollution abatement project
17that is not in a priority watershed or a priority lake area by submitting an application
18to the board department. An application shall be submitted before July 15 to be
19considered for initial funding in the following year.
AB133-SSA1, s. 2521ne 20Section 2521ne. 281.65 (4c) (ae) of the statutes is created to read:
AB133-SSA1,1258,2421 281.65 (4c) (ae) The department shall administer this subsection in a manner
22that promotes the accelerated implementation of nonpoint source water pollution
23control that cannot be conducted with funding under s. 92.14 in target areas
24described in par. (am) 1. that are of the highest priority.
AB133-SSA1, s. 2521nm 25Section 2521nm. 281.65 (4c) (am) of the statutes is created to read:
AB133-SSA1,1259,2
1281.65 (4c) (am) The department may select a project for funding under this
2subsection only if all of the following apply:
AB133-SSA1,1259,43 1. The project will implement nonpoint source pollution control in an area that
4is a target area based on any of the following:
AB133-SSA1,1259,65 a. The need for compliance with performance standards established by the
6department under s. 281.16 (2).
AB133-SSA1,1259,87 b. The existence of impaired water bodies that the department has identified
8to the federal environmental protection agency under 33 USC 1313 (d) (1) (A).
AB133-SSA1,1259,109 c. The existence of outstanding or exceptional resource waters, as designated
10by the department under s. 281.15.
AB133-SSA1,1259,1111 d. The existence of threats to public health.
AB133-SSA1,1259,1312 e. The existence of an animal feeding operation that has received a notice of
13discharge under ch. 283 or a notice of intent to issue a notice of discharge.
AB133-SSA1,1259,1414 f. Other water quality concerns of national or statewide importance.
AB133-SSA1,1259,1515 2. The project cannot be conducted with funding provided under s. 92.14.
AB133-SSA1,1259,1716 3. The project is consistent with priorities identified by the department on a
17watershed or other geographic basis.
AB133-SSA1,1259,1918 4. The project is consistent with approved land and water resource
19management plans under s. 92.10.
AB133-SSA1,1259,2120 5. The application for the project specifies the watershed, subwatershed or
21specific site that will be served by the project.
AB133-SSA1, s. 2521np 22Section 2521np. 281.65 (4c) (b) of the statutes is amended to read:
AB133-SSA1,1260,223 281.65 (4c) (b) The department, in consultation with the department of
24agriculture, trade and consumer protection,
shall use the system approved under
25par. (e) (d) to determine the score of each project for which the board it receives an

1application under par. (a) and shall inform the land and water conservation board
2of the scores no later than September 1 of each year.
AB133-SSA1, s. 2521nr 3Section 2521nr. 281.65 (4c) (c) of the statutes is amended to read:
AB133-SSA1,1260,114 281.65 (4c) (c) After receiving determining project scores under par. (b) and
5before
, the department shall notify the land and water conservation board of the
6projects that the department proposes to select for funding in the following year. The
7board shall review the proposal and make recommendations to the department.
8Before
November 1 of each year, the board department shall select projects for
9funding under this section subsection in the following year. To the extent practicable,
10within the requirements of this section, the board department shall select projects
11so that projects are distributed evenly around this state.
AB133-SSA1, s. 2521nt 12Section 2521nt. 281.65 (4c) (d) (intro.) of the statutes is amended to read:
AB133-SSA1,1260,1713 281.65 (4c) (d) (intro.) No later than April 1, 1998, the The department, in
14consultation with the department of agriculture, trade and consumer protection,

15shall propose to the board adopt a scoring system for ranking nonpoint source water
16pollution abatement projects for which applications are submitted under par. (a).
17The criteria on which the scoring system is based shall include all of the following:
AB133-SSA1, s. 2521nv 18Section 2521nv. 281.65 (4c) (e) of the statutes is repealed.
AB133-SSA1, s. 2521p 19Section 2521p. 281.65 (4c) (f) of the statutes is created to read:
AB133-SSA1,1260,2220 281.65 (4c) (f) A project funded under this subsection may be conducted over
21a period of one to 3 years, except that the department may approve an extension for
22one year.
AB133-SSA1, s. 2521q 23Section 2521q. 281.65 (4e) of the statutes is repealed.
AB133-SSA1, s. 2524m 24Section 2524m. 281.65 (8) (e) of the statutes is amended to read:
AB133-SSA1,1261,8
1281.65 (8) (e) Except as provided in sub. (8c), grants Grants may only be used
2for implementing best management practices. Grants for implementing best
3management practices may only be used for implementing cost-effective best
4management practices specified under sub. (4) (e) unless an applicant demonstrates
5that the use of a cost-effective best management practice will not contribute to water
6quality improvement or will cause a water body to continue to be impaired as
7identified to the federal environmental protection agency under 33 USC 1313 (d) (1)
8(A).
AB133-SSA1, s. 2524s 9Section 2524s. 281.65 (8) (k) of the statutes is repealed.
AB133-SSA1, s. 2525 10Section 2525. 281.65 (8) (L) of the statutes is amended to read:
AB133-SSA1,1261,1711 281.65 (8) (L) A grant may not be made to an individual if the department
12receives a certification under s. 49.855 (7) that the individual is delinquent in child
13support or maintenance payments or owes past support, medical expenses or birth
14expenses
whose name appears on the statewide support lien docket under s. 49.854
15(2) (b), unless the individual provides to the department a payment agreement that
16has been approved by the county child support agency under s. 59.53 (5) and that is
17consistent with rules promulgated under s. 49.858 (2) (a)
.
AB133-SSA1, s. 2525e 18Section 2525e. 281.65 (8c) of the statutes is repealed.
AB133-SSA1, s. 2525f 19Section 2525f. 281.65 (8d) of the statutes is renumbered 281.66 (6) and
20amended to read:
AB133-SSA1,1262,421 281.66 (6) Grants for campuses. The Notwithstanding subs. (3) and (4), the
22department may distribute a grant to the board of regents of the University of
23Wisconsin System for practices, techniques or measures to control storm water
24discharges on a University of Wisconsin System campus that is located in a
25municipality that is required to obtain a permit under s. 283.33 and that is located

1in a priority watershed area, as defined in s. 281.65 (2) (c), a priority lake area, as
2defined in s. 281.65 (2) (bs),
or an area that is identified as an area of concern by the
3International Joint Commission, as defined in s. 281.35 (1) (h), under the Great
4Lakes Water Quality Agreement.
AB133-SSA1, s. 2525g 5Section 2525g. 281.66 of the statutes is created to read:
AB133-SSA1,1262,7 6281.66 Urban nonpoint source water pollution abatement and storm
7water management program.
(1) Definitions. In this section:
AB133-SSA1,1262,88 (a) "Governmental unit" has the meaning given in s. 281.65 (2) (am).
AB133-SSA1,1262,99 (b) "Nonpoint source" has the meaning given in s. 281.65 (2) (b).
AB133-SSA1,1262,1110 (c) "Population" means population shown by the last federal census or by any
11subsequent population estimate under s. 16.96.
AB133-SSA1,1262,1312 (d) "Structural urban best management practices" has the meaning given in s.
13281.65 (2) (d).
AB133-SSA1,1262,1414 (e) "Urban area" means any of the following:
AB133-SSA1,1262,1515 1. An area with a population of 1,000 or more per square mile.
AB133-SSA1,1262,1616 2. An area in which the land is used for industrial or commercial land uses.
AB133-SSA1,1262,1717 3. An area that is surrounded by an area described in subd. 1. or 2.
AB133-SSA1,1262,19 18(2) Administration. The department shall administer the program under this
19section in a manner that promotes all of the following:
AB133-SSA1,1262,2220 (a) Management of urban storm water and runoff from existing and developing
21urban areas to achieve water quality standards, to minimize flooding and to protect
22groundwater.
AB133-SSA1,1262,2423 (b) Coordination of urban nonpoint source management activities and the
24municipal storm sewer discharge permit program under s. 283.33.
AB133-SSA1,1263,2
1(c) Implementation of nonpoint source performance standards under s. 281.16
2(2).
AB133-SSA1,1263,4 3(3) Eligibility. (a) The department may provide a cost-sharing grant for a
4project under this section only if all of the following apply:
AB133-SSA1,1263,55 1. The project is in an urban area.
AB133-SSA1,1263,96 2. The governmental unit with jurisdiction over the project area ensures
7adequate implementation of construction site pollution control, and of storm water
8management after development, for development and redevelopment of sites of one
9or more acres.
AB133-SSA1,1263,1110 3. The project is consistent with nonpoint source performance standards under
11s. 281.16 (2).
AB133-SSA1,1263,1312 4. The project is consistent with priorities identified by the department on a
13watershed or other geographic basis.
AB133-SSA1,1263,1514 5. The application for the project specifies the watershed, subwatershed or
15specific site that will be served by the project.
AB133-SSA1,1263,1816 (b) The department may provide financial assistance under this section for a
17project in a governmental unit either to that governmental unit or to another
18governmental unit that is required to control storm water discharges under s. 283.33.
AB133-SSA1,1263,22 19(4) Financial assistance. (a) The department may provide local assistance
20grants and cost-sharing grants under this section. A local assistance grant may not
21exceed 70% of eligible costs. A cost-sharing grant may not exceed 50% of eligible
22costs.
AB133-SSA1,1263,2323 (b) The department may award a local assistance grant for any of the following:
AB133-SSA1,1263,2524 1. Storm water management for urban areas and for areas that are expected
25to become urban areas within 20 years.
AB133-SSA1,1264,2
12. Informational and educational activities related to nonpoint source water
2pollution control, construction site erosion control or storm water management.
AB133-SSA1,1264,43 3. Development, administration and enforcement of a construction site erosion
4control or storm water management ordinance.
AB133-SSA1,1264,65 4. Training of staff concerning nonpoint source water pollution control,
6construction site erosion control or storm water management.
AB133-SSA1,1264,77 5. Other activities identified by the department by rule.
AB133-SSA1,1264,98 (c) The department may award a cost-sharing grant for any of the following
9types of projects:
AB133-SSA1,1264,1410 1. Structural urban best management practices, including necessary land
11acquisition, storm sewer rerouting and removal of structures, and associated flood
12management, except that the department may not award a grant for structural
13urban best management practices associated with new construction or new
14development.
AB133-SSA1,1264,1515 2. Stream bank or shoreland stabilization necessary to control pollution.
AB133-SSA1,1264,1716 3. Other nonpoint source water pollution abatement or storm water
17management practices identified by the department by rule.
AB133-SSA1,1264,21 18(5) Scoring system. The department shall use a scoring system for ranking
19nonpoint source water pollution abatement and storm water management projects
20for which applications are submitted under this section. The criteria on which the
21scoring system is based shall include all of the following:
AB133-SSA1,1264,2322 (a) The extent to which the application proposes to use the cost-effective and
23appropriate practices to achieve water quality goals.
AB133-SSA1,1265,3
1(b) The existence in the project area of an impaired water body that the
2department has identified to the federal environmental protection agency under 33
3USC 1313
(d) (1) (A).
AB133-SSA1,1265,54 (c) The extent to which the project will result in the attainment of established
5water quality objectives.
AB133-SSA1,1265,66 (d) The local interest in and commitment to the project.
AB133-SSA1,1265,97 (e) The inclusion of a strategy to evaluate the progress toward reaching project
8goals, including the monitoring of water quality improvements resulting from
9project activities.
AB133-SSA1,1265,1110 (f). The extent to which the application proposes to use available federal
11funding.
AB133-SSA1,1265,1312 (g). The extent to which the project is necessary to enable the city of Racine to
13control storm water discharges as required under 33 USC 1342 (p).
AB133-SSA1, s. 2525r 14Section 2525r. 281.665 of the statutes is created to read:
AB133-SSA1,1265,16 15281.665 Municipal flood control and riparian restoration program. (1)
16Definitions. In this section:
AB133-SSA1,1265,1717 (a) "Conservation easement" has the meaning given in s. 700.40 (1) (a).
AB133-SSA1,1265,1918 (b) "Local governmental unit" means a city, village, town or metropolitan
19sewerage district.
AB133-SSA1,1265,25 20(2) Administration. The department shall administer the program under this
21section to provide financial assistance to local governmental units for facilities and
22structures for the collection and transmission of storm water and groundwater,
23including the purchase of perpetual flowage and conservation easement rights on
24land within floodways, and for the floodproofing of public and private structures that
25remain in the 100-year floodplain.
AB133-SSA1,1266,2
1(3) Eligible applicants. (a) The department may provide a cost-sharing grant
2for a project that affects 2 or more local governmental units to one of the following:
AB133-SSA1,1266,43 1. One of the affected local governmental units upon application by all of the
4affected local governmental units.
AB133-SSA1,1266,65 2. A local governmental unit that has jurisdiction over the provision of storm
6water collection facilities for all of the affected local governmental units.
AB133-SSA1,1266,87 (c) The department may provide a cost-sharing grant for a project that affects
8one local governmental unit to that local governmental unit.
AB133-SSA1,1266,13 9(4) Financial assistance. (a) The department may provide local assistance
10grants and cost-sharing grants under this section. A local assistance grant may not
11exceed 70% of eligible costs, including planning and design costs. A cost-sharing
12grant may not exceed 70% of eligible costs for construction and real estate
13acquisition.
AB133-SSA1,1266,1514 (b) In any fiscal year, the department may not provide to any applicant more
15than 20% of the funding available under this section in the fiscal year.
AB133-SSA1,1266,18 16(5) Eligibility and scoring criteria. (a) The department shall promulgate
17rules specifying eligibility criteria for projects under this section and for determining
18which eligible projects will receive financial assistance under this section.
AB133-SSA1,1266,2019 (b) The department may not provide a cost-sharing grant for a project under
20this section if any of the following applies:
AB133-SSA1,1266,2121 1. The project would transfer flooding downstream.
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